Từ chối nhãn hiệu tiếng Trung tại Việt Nam: Lỗ hổng pháp lý hay quy định lỗi thời?

In today’s globalized business environment, Vietnamese enterprises are expanding their products, brands and technological innovations into international markets. This expansion requires intellectual property (IP) rights to be protected in multiple jurisdictions, as industrial property rights are only valid within the territory where the application is filed.

With more than 20 years of experience, Tran & Tran is a trusted consulting firm specializing in securing industrial property rights abroad, supporting businesses in protecting inventions, trademarks, industrial designs and other intellectual assets across Southeast Asia and various countries worldwide.

1. Why protect industrial property rights abroad?

An industrial property object can only be protected in a country if it is registered in that country. Failure to register may lead to serious risks.

When exporting goods without foreign IP protection, a business may face:

• Local companies copying products or branding without any legal basis to prevent it.
• Unintentional infringement of existing protected rights in that country.
• The risk of losing trademarks, industrial designs or inventions if someone else registers them first in the destination market.

These risks can result in financial loss and jeopardize the business’s long-term development strategy.

Registering IP rights abroad allows enterprises to:

• Establish exclusive rights in target markets.
• Prevent imitation, unauthorized exploitation or unfair competition.
• Facilitate licensing, technology transfer, franchising or international expansion.
• Strengthen brand value and increase credibility on the global market.

2. Types of industrial property eligible for protection abroad

Tran & Tran provides comprehensive protection for a full range of industrial property rights, including:

Inventions and Utility Solutions
Technical solutions protected by patents or utility model certificates in each jurisdiction.

Trademarks
Distinctive signs for goods or services, protected through the Madrid System or direct national filings.

Industrial Designs
The external appearance of products, requiring novelty in the country where protection is sought.

Copyright and Related Rights
Literary works, software, artistic designs, photographs, technical drawings and other creative expressions.

Plant Varieties
Registered for protection under UPOV regulations or national laws.

3. Methods of registering industrial property abroad

Depending on the business strategy, Tran & Tran advises the most suitable registration method:

Direct national filing
Appropriate for businesses exporting to a limited number of markets.

International registration systems:
Madrid System for trademarks (Madrid Protocol / Madrid Agreement).
PCT (Patent Cooperation Treaty) for inventions, allowing cost deferral and broad protection across 150+ countries.
Hague System for industrial designs.

These systems help reduce costs, save time and simplify international expansion.

4. Tran & Tran’s international industrial property registration process

We provide a comprehensive and standardized process:

Strategic consultation
We analyze target markets, business plans and legal risks to propose the most effective protection strategy.

Search and registrability assessment
We identify potential conflicts, assess novelty and evaluate the chances of successful registration in each jurisdiction.

Preparation of technical and legal documentation
Our team assists clients in preparing specifications, drawings, descriptions and all required documents.

Filing and application management
Tran & Tran represents clients in working with IP offices in Vietnam and with international partners in Laos, Cambodia, Myanmar and other countries.

Responding to office actions and providing supplementary documents
We handle all examination requests to ensure applications are processed efficiently and accepted as soon as possible.

Issuance of protection certificates
Once granted, clients receive full guidance on how to maintain, enforce and commercially exploit their rights in foreign markets.

5. Advantages of Tran & Tran in international protection services

Tran & Tran maintains a strong network of reputable partners worldwide, ensuring clients’ applications are processed accurately and promptly. Our strengths include:

• Over 20 years of experience in international IP services.
• Experts thoroughly familiar with the laws of each country.
• Transparent, professional and streamlined procedures.
• Competitive, clearly structured service fees.
• Long-term support for registration, renewal and enforcement.
• Trusted by more than 500 Vietnamese and international businesses.

6. Contact for consultation

Tran & Tran Intellectual Property Co., Ltd.
Room 802, Talico Building, 22 Ho Giam Street, Hanoi
Email: ip@trantran.vn
Hotline: +84 24 3732 7466
Working hours: 08:30 AM – 5:30 PM

Tran & Tran is committed to being a reliable partner, helping Vietnamese businesses confidently bring their products, brands and technologies to global markets.